Politics
High court rules against Wash. anti-gay activists
The U.S. Supreme Court on Thursday ruled against those seeking to keep secret the names of people who last year signed a petition to put an anti-gay referendum on the Washington State ballot.
In the 8-1 decision, the court determined in the case of Doe v. Reed that public disclosure of referendum petitions doesn’t — as a general rule — violate the First Amendment rights of signers.
But the decision left room for anti-gay activists to succeed at a lower court on the more focused question of whether making public the signatures for Referendum 71 specifically runs contrary to the U.S. Constitution.
Writing the majority opinion for the Supreme Court was Chief Justice John Roberts. The sole dissenting voice in ruling came from Associate Justice Clarence Thomas.
The initiative in question, Referendum 71, came before Washington State residents in 2009 and threatened to abrogate the expansion of the state’s domestic partner registry. But 53 percent of the electorate voted in favor of upholding the law, keeping the registry in place.
Concurrent with the campaign against the law, those who put the anti-gay initiative on the ballot — led by Protect Marriage Washington — challenged Washington State’s Public Records Act, which requires public disclosure of the names of petition signers who put referenda on the ballot.
The U.S. District Court of the Western District of Washington issued a preliminary injunction blocking the publication of signatures, and the issue made its way to the Supreme Court.
Plaintiffs argued the law could put those who signed the petition in danger after their names became public. In defense of the statute, Washington State argued disclosure contributes to electoral integrity of the ballot process and allows the public to double-check in case a mistake is made.
Roberts, who wrote the majority opinion of the Supreme Court, affirms the arguments that public disclosure promotes electoral integrity and concludes the disclosure law enables the public to find potential mistakes or instances of forgery.
“Public disclosure thus helps ensure that the only signatures counted are those that should be, and that the only referenda placed on the ballot are those that garner enough valid signatures,” Roberts writes. “Public disclosure also promotes transparency and accountability in the electoral process to an extent other measures cannot.”
Roberts also rejects the assertion from plaintiffs that the court should overturn the disclosure law on the basis that disclosure of the names who signed the Referendum 71 petition would place these signers in danger.
The chief justice says the question before the court isn’t “whether PRA disclosure violates the First Amendment with respect to those who signed the R–71 petition,” but whether this disclosure “in general violates the First Amendment rights of those who sign referendum petitions.”
“The problem for plaintiffs is that their argument rests almost entirely on the specific harm they say would attend disclosure of the information on the R–71 petition, or on similarly controversial ones,” Roberts writes.
Roberts says the court must reject this broad challenge to all disclosure laws, but says this ruling doesn’t necessarily “foreclose a litigant’s success” in a narrower challenge before the district court.
The chief justice recalls how the court previously determined withholding names may be appropriate in some instances with “reasonable probability” that individuals would be harassed.
In a statement, Anne Levinson, chair of Washington Families Standing Together, which fought to maintain the state’s domestic partnership law, praised the high court’s decision.
She said the Supreme Court made clear that public disclosure laws ensure “measures are not put on the ballot by fraudulent means or mistake.”
“Nowhere is the integrity and transparency of elections more important than where the ballot box is being used in an attempt to take away fundamental rights,” she said. “Nowhere is it more important for the public to know that attempts to affect the lives of their fellow citizens by promoting ballot measures are free from fraud and error.”
But Larry Stickney, president of the Washington Values Alliance, said he’s “optimistic” anti-gay activists would be able to keep the petition names secret following action from the district court.
“Likely we’re going to be back in district court and we’ll be able to bring out some of the harassment and intimidation efforts that were made against Protect Marriage Washington,” he said. “We’re happy that that effort will carry on.”
Levinson dismissed the idea that those working on the campaign to overturn the domestic partner registry faced harassment and said there’s “absolutely no evidence of harassment” of signers.
“What the petitioners cite to by way of threats or other harassment, they talk about their campaign manager of other leadership in their campaign,” she said. “Those are the folks like me who were debating on TV or radio or leading a campaign effort, so that’s irrelevent to making any case about petition signers.”
Jon Davidson, legal director for Lambda Legal, said he doesn’t think plaintiffs have a shot keeping the names of petitions signers under wraps in light of the “reasonable probability” standard the Supreme Court established.
“I think they are very unlikely to have any success because the standard that the Supreme Court imposed here is — in a particular case — you can only prevent disclosure if you can show a reasonable probability that disclosure will subject to threats, harassment or reprisal,” he said. “So not the possibility — not that it could happen — but a reasonable probability that it will happen.”
Congress
Protests against anti-trans bathroom policy lead to more than a dozen arrests
Demonstrations were staged outside House Speaker Mike Johnson’s (R-La.) office
About 15 protestors affiliated with the Gender Liberation Movement were arrested on Thursday for protesting the anti-trans bathroom policy that was introduced by U.S. Rep. Nancy Mace (R-S.C.) and enacted last month by U.S. House Speaker Mike Johnson (R-La.).
Whistleblower Chelsea Manning and social justice advocates Raquel Willis and Renee Bracey Sherman were among those who were arrested in the women’s bathroom and the hallway outside Johnson’s office in the Cannon House Office Building.
Demonstrators held banners reading “FLUSH BATHROOM BIGOTRY” and “CONGRESS: STOP PISSING ON OUR RIGHTS!” They chanted, “SPEAKER JOHNSON, NANCY MACE, OUR GENDERS ARE NO DEBATE!” and “WHEN TRANS FOLKS ARE UNDER ATTACK WHAT DO WE DO? ACT UP, FIGHT BACK!”
Protests began around 12:10 p.m. ET. Within 30 minutes, Capitol Police arrived on the scene, began making arrests, and cleared the area. A spokesperson told Axios the demonstration was an illegal violation of the D.C. code against crowding, obstructing or incommoding.
Mace and her flame-throwing House GOP allies have said the bathroom policy was meant to target Sarah McBride, the Delaware state senator who will become the first transgender member of Congress after she is seated in January.
LGBTQ groups, elected Democrats, and others have denounced the move as a bigoted effort to bully and intimidate a new colleague, with many asking how the policy’s proponents would enforce the measure.
Outside her office in the Longworth House Office Building, the Washington Blade requested comment from Mace about the protests and arrests.
“Yeah, I went to the Capitol Police station where they were being processed, so I’ll be posting what I said shortly,” the congresswoman said.
Using an anti-trans slur, Mace posted a video to her X account in which she says, “alright, so some tranny protestors showed up at the Capitol today to protest my bathroom bill, but they got arrested — poor things.”
“So I have a message for the protestors who got arrested,” the congresswoman continued, and then spoke into a megaphone as she read the Miranda warning. “If you cannot afford an attorney — I doubt many of you can — one will be provided to you at the government’s expense,” she said.
“Everyone deserves to use the restroom without fear of discrimination or violence. Trans folks are no different. We deserve dignity and respect and we will fight until we get it,” Gender Liberation Movement co-founder Raquel Willis said in a press release.
“In the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States,” she said. “Now, as Republican politicians, try to remove us from public life, Democratic leaders are silent as hell.”
Willis continued, “But we can’t transform bigotry and hate with inaction. We must confront it head on. Democrats must rise up, filibuster, and block this bill.”
Politics
Trump nominates gay man for Treasury secretary
Hedge fund executive would be the second openly gay cabinet secretary
President-elect Donald Trump nominated openly gay hedge fund executive Scott Bessent as U.S. Treasury secretary on Friday.
Once a prolific donor to Democrats and a protege of liberal billionaire philanthropist George Soros, if confirmed Bessent would be the first LGBTQ official to lead the Treasury Department and the second gay cabinet secretary after Transportation Secretary Pete Buttigieg.
“Trump’s selection of Bessent, who is also openly gay, married, and has two children with his partner, is also a reminder of President Trump’s love and respect for LGBT Americans,” the conservative LGBTQ group Log Cabin Republicans said in a statement.
“Scott Bessent is a terrific choice to become the next Treasury Secretary and the Log Cabin Republicans applaud President Trump for his pick,” the organization wrote. “As one of the most brilliant minds in the financial space and a vocal supporter of President Trump’s economic agenda, Bessent will be a strong asset to help President Trump put America back on the path to financial security and economic prosperity.”
Equality Forum, a national LGBTQ civil rights organization, which oversees LGBT History Month, noted the nomination of Scott Bessent in a press release, writing that he “is highly regarded by the financial community and founder of a global macro investment firm.”
Equality Forum Executive Director Malcolm Lazin added, “If confirmed, Bessent will be the highest ranking openly gay U.S. government official in American history.”
Politics
Karine Jean-Pierre addresses anti-trans bathroom policy targeting Sarah McBride
HRC condemns the effort as ‘cruel’ and ‘discriminatory’
During a briefing on Thursday, White House Press Secretary Karine Jean-Pierre addressed the controversy over House Speaker Mike Johnson’s (R-La.) move to restrict access to single-sex facilities in the U.S. Capitol and House office buildings based on birth gender.
The new policy, which mirrors a proposal introduced by U.S. Rep. Nancy Mace (R-S.C.) on Monday that was supported by other House Republicans including U.S. Rep. Marjorie Taylor Greene (Ga.), comes as Congress prepares to welcome its first trans member, Sarah McBride.
Mace conceded that her bathroom policy was intended to target the Delaware state senator, who will represent the state’s at-large congressional district when she is seated in January.
“When I think about that question, I think about what the congresswoman-elect said,” Jean-Pierre told reporters, referencing a statement issued by McBride on Wednesday. “As you know, the president has a close relationship with and is very proud of her.”
She continued, “And what she said is ‘I’m not here to fight about bathrooms. I’m here to fight for Delawareans and to bring down costs facing families.’ And we agree with her. We think that’s incredibly important: To focus on the American people” and her constituents.
Asked whether President Joe Biden has been in touch with McBride in recent days, Jean-Pierre said, “I don’t have a conversation to speak to,” adding that “as you know” the two spoke when the president made a congratulatory call to McBride on election night.
“He was able to call her and congratulate her,” the press secretary said. “I don’t have anything else to add, but I think her words speak volumes.”
McBride’s statement, published on X, reads in part, “Like all members, I will follow the rules as outlined by Speaker Johnson, even if I disagree with them. This effort to distract from the real issues facing this country hasn’t distracted me over the last several days.”
I’m not here to fight about bathrooms. I’m here to fight for Delawareans and to bring down costs facing families. pic.twitter.com/bCuv7pIZBY
— Sarah McBride (@SarahEMcBride) November 20, 2024
Following Johnson’s introduction of the bathroom policy on Wednesday, Human Rights Campaign President Kelley Robinson shared a statement with the Washington Blade:
“This new cruel and discriminatory policy has nothing to do with helping the American people or addressing their priorities–it’s all about hurting people.
“It targets not just Rep.-elect McBride, but all trans and nonbinary people who work and visit the Capitol — public servants who have been working in the Capitol for years but are now suddenly the subject of cynical political games.
Speaker Johnson has proven yet again that the Republican majority is more focused on culture wars than on the needs of the country.”
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